Free speech rights should influence CPS decisions on whether to prosecute over social media communications, says guidance – OUT-LAW.com

“Prosecutors should be mindful of observing individuals’ rights to free speech when deciding whether to initiate legal action against them over grossly offensive, indecent, obscene or false comments made on social media, according to new guidelines.”

Full story

OUT-LAW.com, 21st June 2013

Source: www.out-law.com

An ABC on proportionality – with Bank Mellat as our primer – UK Human Rights Blog

Posted June 24th, 2013 in banking, EC law, human rights, Iran, news, proportionality, Supreme Court by sally

“My post of earlier this week explained why the majority of the Supreme Court struck down a direction telling all financial institutions not to deal with this Iranian Bank. The legal ground (involving, as Lord Sumption described it, ‘an exacting analysis of the factual evidence in defence of the measure’ [20]) was that the direction was ‘disproportionate’. The judgments (particularly the dissenting one of Lord Reed) tell us a lot about the scope of proportionality. And there is a good deal more to it than there might at first sight appear.”

Full story

UK Human Rights Blog, 22nd June 2013

Source: www.ukhumanrightsblog.com

There’s no place like home – NearlyLegal

“Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985.”

Full story

NearlyLegal, 23rd June 2013

Source: www.nearlylegal.co.uk

It pays to use slave labour, says watchdog – The Independent

“Sentences for criminal bosses who use forced labour are ‘unduly lenient’ and do not deter modern slavery, the head of Britain’s worker exploitation watchdog believes.”

Full story

The Independent, 23rd June 2013

Source: www.independent.co.uk

Help us unmask more violent men, police urge women after low take-up of ‘Clare’s Law’ scheme – The Independent

Posted June 24th, 2013 in domestic violence, news, pilot schemes, police, statistics, women by sally

“Women worried about potentially violent partners are being urged to contact the police following the low take-up of a scheme designed to reveal the histories of domestic abusers.”

Full story

The Independent, 24th June 2013

Source: www.independent.co.uk

Bar chief calls for royal commission – Law Society’s Gazette

“More than two decades after the Runciman Commission was set up following high-profile miscarriages of justice, the chairman of the Bar Council has called for a royal commission to conduct a root-and-branch review of the criminal justice system.”

Full story

Law Society’s Gazette, 24th June 2013

Source: www.lawgazette.co.uk

Revealed: How UK justice is dispensed out of hours down the phone line – The Independent

“The Court of Protection is facing fresh questions about transparency, as The Independent reveals that its judges are making life-or-death decisions over the phone, with incomplete evidence, in proceedings that are not always recorded.”

Full story

The Independent, 24th June 2013

Source: www.independent.co.uk

Owners could face court if dog bites child fetching a ball – Daily Telegraph

“Home owners have been warned that they could face prosecution if their dog scares a child that strays into their garden to retrieve a football.”

Full story

Daily Telegraph, 24th June 2013

Source: www.telegraph.co.uk

New antisocial measures won’t work, says Government’s Victims’ Commissioner – The Independent

Posted June 24th, 2013 in ASBOs, complaints, news, police, victims by sally

“The woman appointed by David Cameron to represent victims of crime, whose husband was killed by a gang of youths, has criticised two key aspects of the Government’s new antisocial behaviour reforms.”

Full story

The Independent, 23rd June 2013

Source: www.independent.co.uk

Soca alleged to have suppressed report of hacking by companies and law firms – The Guardian

“The Serious and Organised Crime Agency (Soca) has withheld from MPs information about the criminal activity of large British firms, it has been alleged.”

Full story

The Guardian, 22nd June 2013

Source: www.guardian.co.uk

Court of appeal quashes the convictions of four victims of human trafficking and releases new guidelines to protect others – The Independent

“Victims of the ‘vile’ offence of human trafficking who become involved in crime should have their cases dealt with by the justice system with the ‘greatest sensitivity’, leading judges said today.”

Full story

The Independent, 21st June 2013

Source: www.independent.co.uk

New guidance on DNR orders brought forward – The Guardian

Posted June 24th, 2013 in consent, families, judicial review, medical ethics, medical treatment, news by sally

“Guidance to doctors and nurses on decisions about whether or not to resuscitate patients is being reviewed amid concerns over whether it is being properly implemented.”

Full story

The Guardian, 21st June 2013

Source: www.guardian.co.uk

Daily Mail to pay £125,000 libel damages over TV psychic ‘scam’ claim – The Guardian

Posted June 20th, 2013 in damages, defamation, media, news, psychics by sally

“The Daily Mail has apologised and agreed to pay £125,000 in libel damages to a TV psychic it falsely accused of using a hidden earpiece to scam a theatre audience.”

Full story

The Guardian, 20th June 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 20th, 2013 in law reports by sally

Supreme Court

Cusack v London Borough of Harrow [2013] UKSC 40 (19 June 2013)

Smith & Ors v The Ministry of Defence [2013] UKSC 41 (19 June 2013)

Bank Mellat v Her Majesty’s Treasury (No. 1) [2013] UKSC 38 (19 June 2013)

Bank Mellat v Her Majesty’s Treasury (No. 2) [2013] UKSC 39 (19 June 2013)

Court of Appeal (Civil Division)

Walsh v Shanahan & Ors [2013] EWCA Civ 675 (19 June 2013)

Cravecrest Ltd. v Second Duke of Westminster, Trustees of the Will of & Anor [2013] EWCA Civ 731 (19 June 2013)

Antonio Gramsci Shipping Corporation & Ors v Lembergs [2013] EWCA Civ 730 (19 June 2013)

Frost v Wake Smith and Tofields Solicitors [2013] EWCA Civ 1960 (19 June 2013)

High Court (Queen’s Bench Division)

The Northampton Regional Livestock Centre Company Ltd v Cowling & Anor [2013] EWHC 1720 (QB) (19 June 2013)

Loughlin v Singh & Ors [2013] EWHC 1641 (QB) (19 June 2013)

High Court (Chancery Division)

McNally, In the matter of the Insolvency Act 1986 [2013] EWHC 1685 (Ch) (17 June 2013)

High Court (Administrative Court)

Duffy, R (on the application of) v HM Deputy Coroner for the County of Worcestershire & Anor [2013] EWHC 1654 (Admin) (19 June 2013)

High Court (Commercial Court)

British Airways Plc & Anor v Sindicato Espanol De Pilotos De Lineas Aereas & Anor [2013] EWHC 1657 (Comm) (20 June 2013)

Telfer v Sakellarios [2013] EWHC 1556 (Comm) (19 June 2013)

Source: www.bailii.org

Tenant was able to remove items it had installed in property, High Court rules – OUT-LAW.com

Posted June 20th, 2013 in energy, landlord & tenant, news by sally

“A recent High Court decision in which a tenant was entitled to remove large items it had installed on rented premises will provide comfort to developers in the energy and minerals sectors, an expert has said.”

Full story

OUT-LAW.com, 20th June 2013

Source: www.out-law.com

Supreme Court considers conditions for removing child for adoption – UK Human Rights Blog

Posted June 20th, 2013 in adoption, appeals, local government, news, parental rights, Supreme Court by sally

“This appeal concerned whether a child of two years of age should be permanently removed from her parents and placed for adoption; and, in that regard, whether the child was likely to suffer significant harm: within the meaning of s.31(2)(a) of the Children Act 1989; and a consideration of whether her permanent removal might interfere with the exercise of the right to respect for family life under Article 8 of the ECHR, and, if so, whether the order should be proportionate to its legitimate aim of protecting the child.”

Full story

UK Human Rights Blog, 20th June 2013

Source: www.ukhumanrightsblog.com

UK government proposes “streamlining” regulatory and competition appeals – Competition Bulletin from Blackstone Chambers

Posted June 20th, 2013 in appeals, competition, consultations, courts, news, tribunals by sally

“The UK government on Wednesday published a consultation on streamlining regulatory and competition appeals. The press spin was that the proposals are all about preventing ‘armies of lawyers’ from blocking consumer-friendly measures. In reality, although it is true that the proposals are designed in part to put a lid on litigation, the consultation contains a series of thoughtful suggestions – many of which are likely to attract widespread support.”

Full story

Competition Bulletin from Blackstone Chambers, 20th June 2013

Source: www.competitionbulletin.com

More help for families of missing people – Ministry of Justice

Posted June 20th, 2013 in families, guardianship, missing persons, news, press releases by sally

“Families will be given extra help to cope when a loved one goes missing under new plans announced by Justice Minister Helen Grant.”

Full story

Ministry of Justice, 20th June 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Is Stuart Hall’s Sentence Too Low? – Criminal Law and Justice Weekly

Posted June 20th, 2013 in news, sentencing, sexual offences by sally

“Lyndon Harris asks whether the case is really worth an Attorney-General’s reference.”

Full story

Criminal Law and Justice Weekly, 19th June 2013

Source: www.criminallawandjustice.co.uk

Cusack (Respondent) v London Borough of Harrow (Appellant) – Supreme Court

Cusack (Respondent) v London Borough of Harrow (Appellant) [2013] UKSC 40 | UKSC 2012/0006 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt